Divorce and family lawyer in Montreal
With a divorce rate of approximately 50%, it is important to know your rights and obligations especially when children are involved. Who remains in the house, child custody and support payments are all important issues.
A reasonable problem solving approach involves, first (when children are concerned), the best interests of the children – this underpins most decisions. Second, are the financial issues. Child support, spousal support (if a spouse is not autonomous) and the partition of assets can be a relatively easy to determine when the parties are in good faith. With proper legal advice, this can lead to an amicable divorce settlement out of Court.
If this fails, winning results, or the best settlement possible, will be attained through robust representation, utmost professionalism and a no nonsense and honest approach to applying the law.
- Divorce & Custody
- Child Custody
- Child and Spousal Support
- Parental Alienation
- Amicable Settlements
Within divorce proceedings there are potentially three types of hearings.
The first is called an interim hearing. This is for matters of urgency. The second, is a provisional hearing. The judgement on the provisional hearing will continue to have effect until the final hearing, namely the divorce hearing.
The Interim Hearing
If the parties cannot agree, they can be heard before the Court for an interim hearing within days – even shorter if required. The key criteria is urgency. Once the legal proceedings are instituted, you may may require an immediate Court Order. This interim Order will determine who remains in the family household, custody and what child and/or spousal support is required. You will not testify at this hearing. Rather, written statements are filed with the Court (affidavits). This Court Order usually remains in force for 30 days or until a provisional hearing is heard.
The Provisional Hearing
A provisional hearing is scheduled usually within 3 to 4 months after the proceedings have been instituted. At this hearing, child custody, child and/or spousal support and other issues are determined. However, this court Order remains in place until the final hearing, the divorce hearing. At the provisional hearing, the parties testify. Experts, if required, may also be heard. The Court’s decision will remain in force until trial on the merits – the divorce hearing.
Here a judgement of divorce is issued. The Court will also partition the assets between the parties. In addition to the final decision regarding custody, a Court Order regarding child and or spousal support will also be rendered.
Usefull links for the calculation of your child support and of your revenue and expenses
Statement of expenses form